Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE · Part 5. General Provisions Related to Official Bonds
Montana Code Annotated

Mont. Code Ann. § 2-9-507 (2026)

Sureties' Qualifications

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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 9
  4. Part 5
  5. 2-9-507 Sureties' qualifications

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE

Part 5. General Provisions Related to Official Bonds

Sureties' Qualifications

2-9-507. Sureties' qualifications. (1) The individual sureties on all official bonds shall justify, before an officer authorized to administer oaths, by an affidavit to the effect that they are residents and householders or freeholders within the state and that each is worth the sum for which the individual becomes surety in the bond over and above the individual's just debts and liabilities, exclusive of property exempt from execution.

(2) A surety company or corporation organized under or that has complied with the laws of this state and that has been duly licensed to do business in this state may not be required to justify as a surety. A company or corporation may not be accepted as a surety in a case when its liabilities exceed its assets, as ascertained in the manner provided by law.

(3) A member of the board of county commissioners may not be accepted as a surety upon the official bond of any county, township, or school district officer in the commissioner's county, and a county officer may not be a surety upon the official bond of any other county officer.

History: En. Sec. 1058, Pol. C. 1895; amd. Sec. 3, p. 80, L. 1899; re-en. Sec. 385, Rev. C. 1907; re-en. Sec. 476, R.C.M. 1921; Cal. Pol. C. Sec. 955; re-en. Sec. 476, R.C.M. 1935; R.C.M. 1947, 6-307; amd. Sec. 60, Ch. 61, L. 2007.

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: State v. Webb, 1999 MT 190N.
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State v. Webb, 1999 MT 190N. “Webb does cite to §§ 2-9-507, 2-9-701, and 2-16-501 (9), MCA, which relate to sureties' qualifications, required bonds for county officers and employees, and vacancies in certain offices upon the incumbent's failure to file his or her official oath or bond within the time…”
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